Distribution Agreements Under the Ec Competition Rules by Valentine Korah

By Valentine Korah

Professor Korah's brief monographs on particular issues inside EC festival legislations are popular and general. This paintings follows the development of her prior books on crew exemptions for know-how move and parallel imports. It examines the law on vertical agreements, beginning with a bankruptcy at the fiscal heritage, sooner than constructing, in a sequence of chapters, a cautious research of vertical agreements and all the suitable case legislation. another bankruptcy bargains with agreements which don't come in the rules, back paying cautious recognition to the case legislation.

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1 above), franchising can be very useful. For this purpose, control may be needed over retail outlets. Retailers may be required to stock only the contract goods, ordered from a specified source and to use the organisation and equipment set up by the franchisor. 2 below) Where the quality of the premises, equipment or services at the point of sale is important to a supplier, it may want to limit dealers to selling only to the public or to approved retailers. A system whereby the supplier not only selects its retailers 18 Pronuptia, Case 161/84 [1986] ECR 353; [1986] 1 CMLR 414; CMR 14245, para.

This regulation has expired and will not be considered in this book, as Valentine wrote a monograph on it, Franchising and the EEC Competition Rules: Regulation 4087/88 (Oxford, ESC/Sweet and Maxwell, 1989). ” Since it is often expensive to qualify, each qualified retailer is likely to need protection from other retailers selling the same brand nearby. Such systems may enable the control required for just in time delivery to be organised. This is one of the reasons why selective distribution is exempted by the new group exemption in wider terms than the old formula developed by the European Court of Justice (ECJ).

Otherwise costs will rise. To induce firms to produce within the firm rather than have long term contracts with indepedent dealers solely to avoid Article 81 of the EC Treaty is likely to result in higher costs or less good products. 9 If incentives to invest be particularly important at a given level in the chain of production and distribution, economists generally believe that ownership of the “product” should be vested at that level. On the complicated nature of the trade offs between incentives, governance and firm size, see especially Williamson, The Economic Institutions of Capitalism, (Free Press, New York, 1985) chapter 6.

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